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What Is Tribal Consultation? Tribal Consultation Guide: An intro to conducting tribal consultations with federally recognized American Indian Tribes and Nations April 6, 2021 Colorado’s American Indian/Alaska Native Population American Indians/Alaska Natives make up less than 2% of the total Colorado population Over 80,000 AI/AN statewide with over 80% living within the Denver metro area (7 county district) Over 150 tribes are represented among that 80% AI/AN living the urban area Sioux nations are most represented and Navajo Nation members are fastest growing Tribes with a Legacy of Occupation in Colorado Apache Tribe of Oklahoma Pueblo of Laguna Cheyenne & Arapaho Tribes of Pueblo of Nambe Oklahoma Pueblo of Picuris Cheyenne River Sioux Tribe Pueblo of Pojoaque Comanche Indian Tribe Pueblo of San Felipe Crow Creek Sioux Tribe Pueblo of San Ildefonso Crow Nation Pueblo of Sandia Eastern Shoshone Tribe of Wind River Pueblo of Santa Ana Indian Reservation Pueblo of Santa Clara Fort Sill Apache Tribe of Oklahoma Pueblo of Santo Domingo Hopi Tribe Pueblo of Taos Jicarilla Apache Tribe Pueblo of Tesuque Kiowa Indian Tribe of Oklahoma Pueblo of Zia Mescalero Apache Tribe Pueblo of Zuni Navajo Nation Rosebud Sioux Tribe Northern Arapaho Tribe San Juan Southern Paiute Tribe Northern Cheyenne Tribe Shoshone-Bannock Tribes Oglala Sioux Tribe Southern Ute Indian Tribe Ohkay Owingeh (Pueblo of San Juan) Standing Rock Sioux Tribe Osage Nation of Oklahoma Three Affiliated Tribes of Mandan, Paiute Indian Tribe of Utah Hidatsa, & Arikara Nation Pawnee Nation of Oklahoma Ute Indian Tribe (Uintah & Ouray Pueblo of Acoma Reservation) Pueblo of Cochiti Ute Mountain Ute Tribe Pueblo of Isleta Wichita and Affiliated Tribes Pueblo of Jemez Ysleta del Sur Pueblo Who are the Utes? . SEVEN BANDS OF UTES: MOACHE, CAPOTE, WEEMINUCHE, TABEGUACHE (UNCOMPAHGRE), GRAND RIVER (GRAND), YAMPARICAS (WHITE RIVER/YAMPA), AND UINTAH. THOSE SEVEN BANDS CONSOLIDATED AND MAKE UP THREE UTE TRIBES TODAY: . Ute Mtn Ute Tribe, Towaoc, CO – Weeminuche . Southern Ute Indian Tribe, Ignacio, CO – Moache and Capote . Ute Indian Tribe, Ft. Duchesne, UT – Tabaguache, Grand, Yampa, and Uintah Seven Ute Indian Bands and Original Ute Territory . Salt Lake City Yampa & Grand River Uintah Denver. Uncompahgre Weeminuche Hunting Ground Capote Mouache Santa Fe . By Southern Ute Indian Tribe By Southern Ute Indian Tribe The First Ute Reservation - 1868 By Southern Ute Indian Tribe 1874 Reservation, Following the Brunot Cession By Southern Ute Indian Tribe The 1880 “Ute Strip”, Following Meeker Massacre and Battle at Milk Creek By Southern Ute Indian Tribe 1895 through Present-Day Ute Reservations of Colorado By Southern Ute Indian Tribe What is Tribal Consultation? Consultation is the open and mutual exchange of information integral to effective collaboration, participation, and informed decision making, with the ultimate goal of reaching consensus on issues. Consultation entails the development of a relationship based on trust and an effort to understand and consider any effects an undertaking may have on the consulting parties. A convention originating from the trust responsibility of the United States to Tribal nations. Tribal Consultation is a process that enables both Tribal communities, other entities, and systems to advance the well-being of Tribal communities. Essential elements of meaningful consultation includes consensus-based decision making, mutual respect, understanding between parties, and an iterative process that sustains progress toward group goals. The Need for Local/Tribal Consultation 1. To enable the creation of strategies that effectively address the unique challenges and opportunities. 2. To leverage opportunities for mutually beneficial collaborations between Municipalities, State Agencies, Tribes, and Colorado’s AI/AN communities. 3. To meet consultation requirements established under MOU and/or additional federal or state guidelines. Consensus Based Decision Making Consensus based decision making is an inclusive, participatory modality of decision making in which all participants contribute to decisions and proposals that group members actively support or can live with. Consensus based decision making entails a focus on co-designing group process and building relationships through deliberation. Consensus based decision making process is designed to ensure that the concerns, values, visions and priorities of participants are heard, considered and integrated into group decisions. Consultation Guide Examples What is Tribal Sovereignty? Sovereignty for Native peoples has existed since time immemorial, pre- dating the U.S. Constitution, but has been recognized by Article 1, Section 8 of the U.S. Constitution and confirmed through treaties, statutes, executive orders, and Supreme Court decisions. What is a Gov’t-to-Gov’t Relationship? There is a mutual—and ongoing—understanding between both parties that each is an independent government that works for respective constituencies. As such, the State/Tribal relationship is fundamentally an intergovernmental relationship. Both States and Tribes understand that the relationship is unique, not only because all Tribal citizens are also State citizens and legislative constituents, but also because of the nature of the Tribal-Federal relationship. One or more mechanisms exist that facilitate the intergovernmental relationship between the State legislature and Tribal leaders. Such mechanisms allow the States and Tribes to maintain their respective governmental roles and responsibilities and to collaborate when appropriate. Both sides try to reach agreement on common issues but recognize that there will likely be some areas of conflict. These areas of conflict should not be allowed to influence the entire intergovernmental relationship. What is a “Meaningful Tribal Consultation?” Although there are many different interpretations of “consultation,” one working definition is that consultation is the open and mutual exchange of information integral to effective collaboration, participation, and informed decision making, with the ultimate goal of reaching consensus on issues. Consultation is the development of a relationship based on trust, an effort to understand and consider any effects an undertaking may have on the consulting parties. Tips for Successful Consultation Tips for Successful Consultation Pages 33-34 City of Boulder Tribal Consultation 2019 Togoy-aqk! Ernest House, Jr., Senior Policy Director Keystone Policy Center 1800 Glenarm Place, Suite 503 Denver, CO 80202 O 970-513-5835 C 303-968-7630 [email protected] keystone.org.
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